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Session Laws, 1937
Volume 412, Page 453   View pdf image (33K)
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HARRY W. NICE, GOVERNOR. 453

53. Any corporation, firm, individual, association or per-
son who may have a lien under this sub-title on any aircraft
or part thereof for repairs, rebuilding or storage, or having
furnished for or on account of said aircraft and parts, acces-
sories or tires may, if the account is due and unpaid for a pe-
riod of thirty days and if the lienor still retains possession of
the same, sell said aircraft or part thereof at public sale at
some place which shall be convenient and accessible to the
public at any time between the hours of 10 o'clock A. M. and
6 o'clock P. M., provided the time, place and terms of said
sale, together with a full detailed description of said aircraft
or part thereof shall be inserted in one or more daily news-
papers published in the city or county where said sale is to
take place at least once each week for two successive weeks
prior to said sale; and provided further, that a registered
notice shall be mailed at least ten days prior to said sale to
the owner of said aircraft or part thereof, if his address be
known, or if it can be ascertained by the exercise of reasonable
diligence, or by mailing said notice by registered mail to the
person who gave the order for said repairs, storage, rebuild-
ing, parts, accessories, or tires. If the address of neither of
said persons is known, and by the exercise of reasonable
diligence cannot be ascertained, then such notice shall be
mailed to "General Delivery" at the Postoffice of the city or
county where the business of said lienor is located. Any ex-
cess in the amount of the selling price of said aircraft or part
thereof at said sale over and above the expenses thereof, in-
cluding a reasonable attorney's fee and the amount of said
lien, shall be remitted to the owner of said aircraft or part
thereof.

54. The remedies for enforcing the aforesaid lien herein
provided shall not preclude any other remedies allowed by
law for the enforcement of a lien against personal property
nor bar the right to recover so much of the custodian's claim
as shall not be paid by the proceeds of the sale of the property.

55. Should the owner of the aircraft or part thereof replevy
the same and the defendant in such action move the court for
a writ of retorno habendo, and if it shall appear to the court
that the defendant's claim to the right of possession of such
aircraft or part thereof is based on any lien or right to hold
the property replevied as security for any sum of money
claimed to be due as distinguished from a claim of owner-
ship of the property replevied, the court shall refuse to order
a return of the property replevied to the defendant until a
judgment is given in the action, and in the trial of such re-
plevin action it shall be the duty of the court, if the case is
being tried without a jury, or the duty of the jury if the case

 

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Session Laws, 1937
Volume 412, Page 453   View pdf image (33K)
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